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(영문) 대구지방법원안동지원 2019.07.17 2016가단4563
지상권설정등기말소등기
Text

1. The Defendants received on March 4, 1971 from the Daegu District Court within the jurisdiction of the Daegu District Court with respect to the land size of 103,934 square meters in Ansan-si, Dong-si.

Reasons

1. Facts of recognition;

A. The deceased K (hereinafter “the deceased”) completed the registration of creation of superficies for 30 years from February 1, 1971 with respect to the land of 103,934 square meters (hereinafter “the instant land”) of Jin-si, Ansan-si (Jin-si) for the land of 103,934 square meters (hereinafter “the instant land”).

B. On February 22, 2016, the Plaintiff was sold to the instant land during the compulsory auction procedure.

C. The Defendants, as the inheritors of the Deceased, succeeded to the deceased’s property according to the inheritance shares such as the shares in the text.

[Ground] Defendant F: Evidence No. 1, Defendant F’s purport of the entire pleadings, and the remainder of Defendants other than Defendant F: Articles 208(3)2 and 150(3) of the Civil Procedure Act

2. Determination

A. According to the above facts of determination as to the cause of the claim, the registration of creation of superficies in the deceased’s name was completed on February 1, 2001, when 30 years have passed since February 1, 1971, and thus, the Defendants, the inheritor of the deceased, are obliged to cancel the registration of creation of superficies according to their inheritance shares.

B. Defendant F’s assertion and determination thereof asserted that Defendant F claimed a claim against the Plaintiff for the purchase of trees on the instant land under Article 283(2) of the Civil Act.

However, there is no evidence to find the existence of trees which are the subject matter of superficies on the land of this case, and the above assertion is without merit without further examination.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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